Korean Intellectual Property Rejects HYBE's Proposal to Trademark BORAHAE

Korean Intellectual Property Rejects HYBE's Proposal to Trademark BORAHAE - Sakshi Post

Korean IP has rejected HYBE’s request to give patent rights to the word Borahae, as it belongs to only Kim Taehyung. 

Kim Taehyung aka BTS V was the first one to introduce the word to the world. 

Korean Intellectual Property Office announced the result of the "notification of submission of opinion" that rejects the "BORAHAE" that HYBE applied for trademark rights. 

This is not the final result. HYBE humbly accepts the reason for rejection by the Korean Intellectual Property Office and recognizes and must respect Kim Taehyung's right to "Borahae." Hybe should not apply for the trademark application any further to claim the right for Borahae. The reason why the Korean Intellectual Property Office rejects is this applied trademark cannot be registered because it is a trademark applied against the principle of Bona fides as follows.

("The Principle of Bona fides refers to the principle that in ethical norms, everyone should act sincerely so as not to waste each other's trust as a member of social common life. The Principle of Bona fides is a general principle of law that regulates and governs not only contract law but also all legal relations.)

"Borahae" is a newly coined term that began at a BTS fan meeting on November 13, 2016, when BTS member V (Kim Taehyung) said, "Borahae means to trust the other person until the end and love each other for a long time like purple, the last colour of a rainbow.

This trademark application is recognized as having applied for the same and similar trademark. Knowing that the applicant (HYBE) was aware that the trademark was used by others through a contractual relationship such as partnership, employment, or business transactional relationship.

Accordingly, this trademark application falls under the provisions of Article 34 (1) No. 20 of the Trademark Act.

Kim Taehyung's fans filed an objection with the Korean Intellectual Property Office to protect Kim Taehyung's right to "Borahae". Despite the legitimate reasons for rejection judged by the Korean Intellectual Property Office, HYBE is likely to attempt to apply for a trademark by supplementing the application documents again. Taehyung stans say that HYBE should stop attempting to apply for the "Borahae" trademark without Kim Taehyung's permission.

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